Texas 2023 - 88th Regular

Texas House Bill HB3777 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R13882 SHH-F
2	2	By: Jetton H.B. No. 3777
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the confidentiality of ballots and proxies in a
8	8	property owners' association election or vote.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 82.002(c-1), Property Code, is amended
11	11	to read as follows:
12	12	(c-1) Sections [Section] 82.121 and 82.1142 apply [applies]
13	13	to a condominium for which the declaration was recorded before
14	14	January 1, 1994.
15	15	SECTION 2. Subchapter C, Chapter 82, Property Code, is
16	16	amended by adding Section 82.1142 to read as follows:
17	17	Sec. 82.1142. TABULATION OF AND ACCESS TO BALLOTS. (a)
18	18	Notwithstanding any other provision of this chapter or any other
19	19	law, a person who is a candidate in an association election or who
20	20	is otherwise the subject of an association vote, or a person related
21	21	to that person within the third degree by consanguinity or
22	22	affinity, as determined under Chapter 573, Government Code, may not
23	23	tabulate or otherwise be given access to the ballots cast in or
24	24	proxies submitted to the association for that election or vote
25	25	except as provided by this section.
26	26	(b) A person other than a person described by Subsection (a)
27	27	may tabulate votes in an association election or vote.
28	28	(c) A person who tabulates votes under Subsection (b) may
29	29	not disclose to any other person how an individual voted or to whom
30	30	an individual assigned their proxy.
31	31	(d) Notwithstanding any other provision of this chapter or
32	32	any other law, only a person who tabulates votes under Subsection
33	33	(b) may be given access to the ballots cast in or proxies submitted
34	34	to the association for the election or vote.
35	35	(e) This section may not be construed to affect a person's
36	36	obligation to comply with a court order for the release of ballots
37	37	or other voting records.
38	38	(f) This section supersedes any contrary provision in a
39	39	dedicatory instrument.
40	40	SECTION 3. Section 209.00594, Property Code, is amended by
41	41	amending Subsections (a), (b-1), and (c) and adding Subsection (e)
42	42	to read as follows:
43	43	(a) Notwithstanding any other provision of this chapter or
44	44	any other law, a person who is a candidate in a property owners'
45	45	association election or who is otherwise the subject of an
46	46	association vote, or a person related to that person within the
47	47	third degree by consanguinity or affinity, as determined under
48	48	Chapter 573, Government Code, may not tabulate or otherwise be
49	49	given access to the ballots cast in or proxies submitted to the
50	50	property owners' association for that election or vote except as
51	51	provided by this section.
52	52	(b-1) A person who tabulates votes under Subsection (b) or
53	53	who performs a recount under Section 209.0057(c) may not disclose
54	54	to any other person how an individual voted or to whom an individual
55	55	assigned their proxy.
56	56	(c) Notwithstanding any other provision of this chapter or
57	57	any other law, only a person who tabulates votes under Subsection
58	58	(b) or who performs a recount under Section 209.0057(c) may be given
59	59	access to the ballots cast in or proxies submitted to the property
60	60	owners' association for the election or vote.
61	61	(e) This section supersedes any contrary provision in a
62	62	dedicatory instrument.
63	63	SECTION 4. This Act takes effect immediately if it receives
64	64	a vote of two-thirds of all the members elected to each house, as
65	65	provided by Section 39, Article III, Texas Constitution. If this
66	66	Act does not receive the vote necessary for immediate effect, this
67	67	Act takes effect September 1, 2023.